The Metropolitan Government of Nashville and Davidson County
Freddie O'Connell, Mayor
Executive Order 41
Subject: Tree Policy on Metropolitan Government of Nashville and Davidson County Properties
I, Freddie O’Connell, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct, and order the following:
I. Metropolitan Government of Nashville and Davidson County’s urban tree canopy is a utility that improves air quality, manages stormwater, supports public health, provides economic benefits, and increases quality of life for Nashville residents. This utility shall be managed as an asset, with tree protection and expansion programs that also provide flexibility to ensure development can continue throughout Metropolitan Nashville and Davidson County.
II. Responsible Agencies
The Metropolitan Government of Nashville and Davidson County (“Metropolitan Government” or “Metro”) conducts tree-related programs and initiatives on Metro properties through the Departments of Water and Sewerage Services, Board of Parks and Recreation, Codes Administration, Transportation and Multimodal Infrastructure, General Services, Nashville Public Library and Planning within the Metropolitan Government's boundaries (“Responsible Agencies”).
III. Empowered Urban Forestry Program Management
a. In order to ensure alignment across all Responsible Agencies as it relates to activities on Metro properties, I empower the Stormwater Division of the Metropolitan Department of Water and Sewerage Services (“Metro Water Services”) to take responsibility for urban forestry program management. Their urban forestry staff will lead coordination and ensure communication with all Responsible Agencies’ directors, project staff, and relevant non-governmental partners. Metro Water Services’ urban forestry staff, and staff of Responsible Agencies, shall advise the Mayor regarding tree-related issues. They will have the responsibility to oversee the activities related to this Executive Order and to convene the tree-related groups and partners regularly as outlined below.
b. This Executive Order does not supersede requirements in Metropolitan Code sections 17.24 (Landscaping, buffering and tree requirements), 17.28 (Environmental and operational performance standards), and 17.40.440 et seq (Tree Protection and Replacement Procedures), which are administered by Planning or the zoning administrator and urban forester, depending on the circumstances.
IV. Governance
Tree-related programs and initiatives on Metro properties should be managed and overseen as follows:
a. a Tree Working Group that consists of key program staff from the Responsible Agencies that convenes monthly to coordinate and provide updates on tree-related policy and initiatives. This group should be coordinated by the Metro Water Services urban forestry staff.
b. Metro Water Services urban forestry staff may convene senior management from Responsible Agencies as it deems fit.
V. Metro Government Leading by Example
a. In an effort to lead by example, new tree protection and replacement standards were established for Metro projects that have tree-density requirements pursuant to Chapter 17.24 of the Metropolitan Code. These standards are 15% higher than those imposed on private properties.
b. The Metro Tree Review Panel was created to review and approve Metro projects and land-management activities on Metropolitan Government properties that include removals of trees over 100 aggregate inches in diameter at breast height, or of any single specimen tree over 30 inches in diameter at breast height. Trees that are dead, diseased, invasive, potentially hazardous, less than six inches in diameter at breast height, and/or located within a public utility easement or Right-of-Way will not count toward the aggregate total. The Metro Tree Review Panel established replacement standards for removed trees and will pursue retention where feasible, and may continue to develop and revise these standards. These standards will apply to projects across all Metropolitan Government departments and agencies, and for which there is no grading permit or development plan required. This protocol will not apply to areas managed as grasslands or mixed-grass meadows.
c. The Metro Water Services urban forestry management staff will oversee the formalization of maintenance standards and responsibilities across all Metropolitan Government departments and agencies. Responsibilities will include regular tracking of tree plantings and removals on Metropolitan Government property and in the public right-of-way, along with replanting opportunities throughout the county.
VI. Enforcing Tree Standards
a. All Responsible Agencies shall ensure compliance with applicable tree-related policies and regulations. To the extent consistent with applicable law, during the permitting process for any development or construction, trees shall be a major consideration in the review of a grading or building permit application and the issuance of occupancy permits.
b. The policies and guidelines regarding Nashville's Tree Mitigation Bank will continue to be refined to provide flexibility and predictability for properties where tree-density requirements cannot be reasonably met, while ensuring an appropriate financial structure that supports the planting of new trees.
VII. Regular Tracking and Data Collection
a. Protecting and expanding the Metropolitan Government's tree canopy requires ongoing monitoring across Davidson County. The Metropolitan Government will update its county-wide Urban Tree Canopy study no less frequently than every five years, with more frequent analysis as conditions require.
b. In addition, the Metropolitan Government, by and through the Metro Water Services’ urban forestry staff, will develop and maintain an inventory of all street trees and potential tree-planting locations inside Nashville's Urban Zoning Overlay district.
VIII. Departments and Agencies Covered
The Tree Policy addressed in this Executive Order applies to the Departments of Water and Sewerage Services, Parks and Recreation, Codes Administration, Transportation and Multimodal Infrastructure, General Services, Planning, and the Nashville Public Library. I hereby request that Metropolitan Nashville Public Schools, Nashville Electric Service, the Metropolitan Development and Housing Agency, and the Metropolitan Sports Authority also consider following this policy.
Ordered, Effective and Issued: January 17, 2024
Freddie O’Connell
Metropolitan County Mayor